TerraLex Guide to Anticorruption Legislation

Welcome to the Terralex cross-border guide to anticorruption legislation

This guide offers information on the current regulations related anticorruption policies in various jurisdictions around the world. Please contact the listed contributors for specific questions.

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United Kingdom - England & Wales TerraLex Guide to Anticorruption Legislation Guide

Date posted:
29/03/2021
Last update:
03/10/2022

Guidance

Participation in OECD (list year):

1999

What is the applicable anticorruption legislation?

The Bribery Act 2010

What does this legislation prohibit?

Active and passive general bribery offences, bribery of foreign public officials, corporate offence of failure to prevent bribery.

Does it cover bribes to foreign government officials?

Yes.

Does it cover business to business corruption?

Yes.

Are facilitation payments allowed?

No.

Can a corporation be prosecuted for acts of overseas agents, intermediaries, joint venture partners, and third parties?

Yes.

Does the legislation have extra territorial reach?

Yes.

Can Directors of a company be found personally liable?

Yes.

What are the sanctions for breach of the legislation for Directors and corporations?

For individuals: unlimited fine and/or imprisonment up to 10 years For corporations: unlimited fine

Can companies be held liable for corruption offences? If so, under which conditions?

Is there an obligation on companies to put in place preventive measures (such as a compliance program, a whistleblowing line)? If so, what are the sanctions?

Can the implementation of a compliance program constitute a mitigating circumstance in case of an established offense?

Is a corporate settlement procedure available for corruption offenses?

If conditional approval is possible, what type of conditions or commitments may be imposed? Are there any consequences for failing to comply with these conditions or commitments?

Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.